UNITED STATES. 



125 



not be an inhabitant of the same State with themselves. The votes are then sealed and sent to 

 the President of the Senate, who counts them before both Houses of Congress. The person 

 having the greatest number of votes is President, if such number be a majority of the whole 

 number of electors ; otherwise the House of Representatives immediately choose a President 

 from among the 3 candidates who have the greatest number of votes. In this election the 

 votes are taken by States. If no President is thus chosen, the Vice-President performs the 

 duties of the office. If the Vice-President be not chosen by a majority of the electors, -the 

 Senate choose one from the two highest members on the hst. 



No person can be President who is not a native born citizen, or who was not a citizen, at 

 the time of the adoption of the Constitution, or who is not 35 years of age, or has not been a 

 resident in the United States for 14 years. The eligibility of the Vice-President is similar. 



The President is Commander-in-Chief of the Army and Navy, and of the militia when in 

 the actual service of the United States. With the advice and consent of the Senate, he makes 

 treaties, appoints ambassadors. Judges of the Supreme Court, and other officers of the United 

 States whose appointment is not otherwise provided for by the Constitution. He takes care 

 that the laws shall be executed, and commissions all officers. The President and Vice-Presi- 

 dent may be removed on impeachment and conviction of bribery, treason, or other high crimes 

 and misdemeanors. 



27. Judiciary. The judicial power of the United States is vested in one Supreme Court, 

 and in such inferior courts as Congress may, from time to time, establish. The present judi 

 cial establishment of the United States consists of a Supreme Court, 34 District Courts, 9 

 Circuit Courts, which are thus organized ; the Supreme Court is composed of 1 Chief Justice, 

 and 8 Associate Justices, who hold a court in the city of Washington, annually ; besides 

 which, each of these justices attends in a certain circuit, comprising 2 or more districts, ap- 

 propriated to each, and, together with the judge of the district, composes a Circuit Court, 

 which is held in each district of the circuit.* 



* The District Courts are held, respectively , by the Dis- 

 trict Judge alone. Appeals are allowed from the District 

 to the Circuit Court in cases where the matter in dispute, 

 exclusive of costs, exceeds the sum or value of 50 dollars, 

 and from the Circuit Courts to the Supreme Court, in ca- 

 ses where the matter in dispute, exclusive of costs, exceeds 

 the sum or value of 2,000 dollars; and in some cases, 

 where the inconvenience of attending a court by a justice 

 of the Supreme Court is very great, the District Courts 

 are invested with Circuit Court powers. Each State is 

 1 district, for the purpose of holding District and Circuit 

 Courts tlierein, with the exception of New York, l^enn- 

 Bylvania, Virginia, Tennessee, Louisiana, Mississippi, and 

 Alabama, eacli of which is divided into 2 Districts. There 

 are, besides, Territorial Courts, which are temporary, and 

 lose that character whenever a Territory becomes a State. 

 In addition to the District Court for the District of Colum- 

 bia, there is a Circuit Court for that District. 



The Supreme Court of the United States has exclusive 

 jurisdiction of all controversies of a civil nature where a 

 State is a party, except between a State and its citizens ; 

 and except also between a State and citizens of other 

 States, or aliens ; in which latter case it has original, but 

 not exclusive jurisdiction. It has, exclusively, all such 

 jurisdiction of suits or proceedings against ambassadors, 

 or other public ministers or their domestics, or domestic 

 servants, ns a court of law can have or exercise consistent- 

 ly with the law of nations : and original, but not exclu- 

 sive, jurisdiction of all suits brought by ambassadors, or 

 other public ministers, in which a consul, or vice-consul, 

 is a part}'. The Supreme Court has appellate jurisdiction 

 from final decrees and judgments of the Circuit Courts in 

 cases where the matter in dispute, exclusive of costs, ex- 

 ceeds the sum or value of 2, GOO dollars, and from final de- 

 crees and judgments of the highest courts of the several 

 Stales in certain cases, as hereinafter mentioned. It has 

 power to issue writs of prohibition to the District Courts, 

 when proceeding as courts of admiralty and maritime ju- 

 risdiction, and writs of mandamus, in cases warranted by 



the principles and usages of law, to any courts appointed, 

 or persons holding ofRce, under the authority of the Uni- 

 ted States. — The trial of issues in fact in the Supreme 

 Court, in all actions at law against citizens of the United 

 States, is by jury. 



The Circuit Courts of the United States have original 

 cognizance, concurrent with the courts of the several 

 States, of all suits of a civil nature, at common law, or in 

 equity, where the matter in dispute exceeds, exclusive of 

 costs, the sum or value of 500 dollars, and the United 

 States are plaintiffs or petitioners, or an alien is a party, 

 or the suit is between a citizen of the State where the suit 

 is brought ar'd a citizen of another Stale. The}' have ex- 

 clusive cognizance of all crimes and offences cognizable 

 under the authority of the United States (except where 

 the laws of the United States otherwise direct), and con- 

 current jurisdiction with the District Courts of the crimes 

 and offences cognizable therein. 



The District Courts of the United States have, exclu- 

 sively of the courts of the several States, cognizance of 

 all crimes and offences that are cognizable under the au- 

 thority of the United States, committed within tlieir re- 

 spective districts, or upon the high seas, where no other 

 punishment than whipping, not exceeding 30 stripes, a 

 fine not exceeding 100 dollars, or a term of imprisonment 

 not exceeding G months, is to be inflicted, and also have 

 exclusive original cognizance of all civil causes of admi- 

 ralty and maritime jurisdiction, including all seizures un- 

 der laws of impost, navigation, or trade, of the United 

 States, where the seizures are made on waters which are 

 navigable from the sea by vessels of 10 or more tons burden, 

 within their respective districts, as well as upon the high 

 seas ; saving to suitors, in all cases, the right of a common 

 law remedy, where the common law is competent to give 

 it. and also have exclusive original cognizance of all 

 seizures on land or other waters than as aforesaid, made, 

 and of all suits for penalties and forfeitures incurred, un- 

 der the laws of the United States. 



